O.C.G.A.

O.C.G.A. § 9-12-133 (2019)

Filing of foreign judgment; notice to judgment debtor; Code Section 9-11-4 inapplicable to article

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) At the time a foreign judgment is filed, the judgment creditor or the judgment creditor’s attorney shall make and file with the clerk of the court an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor. (b) The clerk shall promptly mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall note the mailing in the docket. The notice must include the name and post office address of the judgment creditor and, if the judgment creditor has an attorney in this state, the attorney’s name and address. The judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk does not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. (c) The provisions of Code Section 9-11-4 shall not apply to this article.

History

(Code 1981, § 9-12-133, enacted by Ga. L. 1986, p. 380, § 1; Ga. L. 2015, p. 996, § 5-1/SB 65.)

Annotations

Editor’s notes. - Ga. L. 2015, p. 996, § 1-1/SB 65, not codified by the General Assembly, provides: ‘‘(a) This Act shall be known and may be cited as the ‘Debtor Creditor Uniform Law Modernization Act of 2015.’ ‘‘(b) To promote consistency among the

states, it is the intent of the General Assembly to modernize certain existing uniform laws promulgated by the Uniform Law Commission affecting debtor and creditor rights, responsibilities, and relationships and other federally recognized laws affecting such rights, responsibilities, and relationships.’’

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1997–2021 · leading case: Arrowhead Alternator, Inc. v. CIT Commc'ns Fin. Corp., 602 S.E.2d 231 (Ga. Ct. App. 2004).

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Arrowhead Alternator, Inc. v. CIT Commc'ns Fin. Corp., 602 S.E.2d 231 (Ga. Ct. App. 2004). · cites it 4× “In addition to specifically invoking OCGA § 9-12-133, the petition included as an attachment an authenticated copy of the New Jersey judgment, as required by OCGA§ 9-12-132, and an affidavit of creditor’s counsel, as required by OCGA § 9-12-133.”

Gateway Fin. Servs., LLC v. Norrils., 815 S.E.2d 126 (Ga. Ct. App. 2018). · cites it 2× “2 It is unclear, because of where the date is stamped on the judgment, whether the year of the judgment was 2000, as contended by Gateway and as found by the trial court below, or 2008, as now raised by Gateway for the first time on appeal.”

Williams v. Am. Credit Servs., Inc., 495 S.E.2d 121 (Ga. Ct. App. 1997). · cites it 2× “OCGA § 9-12-133. Decided December 11, 1997.”

Sarah Serluco v. John Taggart (Ga. Ct. App. 2020). · cites it 2× “Husband’s petition sought relief from his alimony and child support obligations pursuant to the UIFSA, and not the UEFJL,2 and in fact, as conceded in his brief, the New Jersey judgment was registered in Georgia pursuant 2 Pretermitting the fact that husband did not follow the…”

Jenkins v. Prime Ins. Co. (D. Utah 2021). “) On May 29, 2019, after obtaining the Default Judgment, Prime attempted to domesticate that judgment in Georgia, invoking O.C.G.A. § 9-12-133, the Georgia Uniform Enforcement of Foreign Judgments Act.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.